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Citizens United vs. FEC

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Less Than Liz
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PostPosted: Mon Jan 25, 2010 11:54 pm


AP Link.

Quote:
WASHINGTON (AP) -- Coming soon to your TV, thanks to the Supreme Court - an even bigger flood of political ads.

A bitterly divided court vastly increased the power of big business and unions to influence government decisions Thursday by freeing them to spend their millions directly to sway elections for president and Congress.

As a side consequence, the election-season blizzard of ads on Americans TV screens is bound to increase.

The ruling reversed a century-long trend to limit the political muscle of corporations, organized labor and their massive war chests. It also recast the political landscape just as crucial midterm election campaigns are getting under way.

In its sweeping 5-4 ruling, the court set the stage for a wave of likely repercussions - from new pressures on lawmakers to heed special interest demands to increasingly boisterous campaigns featuring highly charged ads that drown out candidate voices.

While the full consequences of the decision were hard to measure, politicians made clear whom they believed benefited. Democrats, led by President Barack Obama, condemned the decision while Republicans cheered it.

Still, more labor and corporate money in the political system could dilute the role of both political parties.

And the decision seeded the ground for further challenges to an already weakened system of campaign finance regulations.

The justices weighed two fundamental political forces - the power of the central government and the concentration of corporate wealth - and tilted decidedly in favor of the latter. The opinion by Justice Anthony Kennedy made a vigorous argument based on the Constitution for the right of the public to be exposed to a multitude of ideas and against the ability of government to limit political speech, even in the interest of fighting corruption.

"The censorship we now confront is vast in its reach," Kennedy wrote.

Strongly dissenting, Justice John Paul Stevens said, "The court's ruling threatens to undermine the integrity of elected institutions around the nation."

Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas joined Kennedy to form the majority in the main part of the case. Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Stevens' dissent, parts of which he read aloud in the courtroom.

The court overturned two earlier decisions and threw out parts of a 63-year-old law that said companies and unions can be prohibited from using money from their general treasuries to produce and run their own campaign ads urging the election or defeat of particular candidates by name. The decision, which applies to independent spending that is not coordinated with candidates, threatens similar limits imposed by 24 states.

The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.

It leaves in place a prohibition on direct contributions to candidates from corporations and unions and didn't touch the McCain-Feingold ban on unlimited corporate and union donations to political parties. Nor did it disturb companies' right to solicit voluntary contributions to political action committees that can donate directly to candidates.

(More at the link.)

Citizens United v. Federal Election Commission (Docket No. 08-205)

I know I should offer more of an opinion but I'm heading to bed shortly. The short story: I consider it a victory for free speech.
PostPosted: Tue Jan 26, 2010 4:04 pm


Damn. I guess I don't see too much wrong with this besides it being a snaky tactic, but that's what all politics is, and at least it will increase Americans' overall interest in politics, which is rather worryingly low at times. I don't really have an opinion on it, though. I sure don't see a problem with businesses funding politicians and making more ads.

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Less Than Liz
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PostPosted: Sun Jan 31, 2010 11:42 pm


Scraps 2-point-0
Damn. I guess I don't see too much wrong with this besides it being a snaky tactic,

What about it do you find to be "sneaky?" I'm genuinely interested.

Quote:
I don't really have an opinion on it, though. I sure don't see a problem with businesses funding politicians and making more ads.

It should be noted that the majority of McCain-Feingold prohibitions are still in place. Corporations still can't donate to politicians directly. What they can do is state outright that they are advocating for the victory or defeat of a certain candidate, and they can name these candidates no matter how close an election is. They have to disclose all of this information, of course.

Also, corporations aren't just businesses of the Walmart variety. They include not-for-profits and activist organizations as well. It's bizarre; everyone would be outraged if (corporate) media was denied free speech protection (news media isn't a person either!) but it's essentially protecting the right to freedom of speech across the board in these terms.
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Spontaneous Order: A Libertarian Guild

 
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